Jency Ratinam Christy v. State Rep By Its, The Additional Chief Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Jency Ratinam Christy W/o. Shiek abdhullah (dentenu) No.21, Arulrose illam devi Nagar, 2nd Street, Kolathur, Chennai - 600099.
..Petitioner(s) Vs State Rep by its
1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600009.
2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600007.
3. The Superintendent of Prison, Central prison, Puzhal, Chennai - 600066.
4. Inspector of police, V-4 Rajamangalam Police Station, Chennai - 600099.
(Crime No. 174/2025.) ..Respondent(s) Prayer:
Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a Writ of Habeas Corpus or any other order or direction in
the nature of a Writ, to call for the records of pertaining to the order of detention dated 04.06.2025 passed by 2nd respondent in TPDA:7156/2025 in Memo No.309/BCDFGISSSV/2025 and setaside the same and produce the detenue namely Shiek Abdhullah S/o. Beer Mohamed age about 31 years, who is detained in Central Prision, Puzhal before this Hon'ble Court and set him at liberty.
For Petitioner(s):
Mr.A.Arasu Ganeshan For Respondent(s):
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr.M.Sylvester John Advocate
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.) We have heard Mr.A.Arasu Ganeshan, learned counsel for the petitioner and Mr.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John, learned counsel for the respondents.
2. The challenge is to an order of detention dated 04.06.2025, whereunder the detenu Shiek Abdhullah S/o. Beer Mohamed aged about 31 years, has been branded as a Goonda in terms of Section 3(1) of the Tamil Nadu Preventive Detention Act, 1982 (Tamil Nadu Act 14 of 1982) (in short 'Act').
3. Learned Additional Public Prosecutor confirms the following facts: i) This is a solitary instance of a criminal case as against the detenu.
ii) The date of arrest of the detenu is 17.05.2025. iii) Though the impugned order proceeds on the basis that there is every possibility of the detenu being enlarged on bail and this stand has been reiterated in the counter as well, there is no bail application that has been filed thus far and no documents have been produced indicating that such bail application would be moved.
iv) As far as the averments in the counter that there is a similar case in Cr.No.644 of 2024 where bail was granted to other accused by the Madras High Court in Crl.O.P.No.30749 of 2024 dated 10.12.2024, admittedly that case is not related to the present matter and is not on similar terms.
4. In light of the aforesaid, there is no justification to sustain impugned order bearing Memo No.309/BCDFGISSSV/2025 dated 04.06.2025 and hence the same is set aside. This Habeas Corpus Petition is allowed and the detenu, viz., Shiek Abdhullah S/o. Beer Mohamed, aged about 31 years, who is now confined in Central Prison, Puzhal, Chennai, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.
(A.S.M.,J.) (S.M.,J.) sl 11-03-2026 Index: Yes/No Speaking/Non-speaking order Note: Registry is directed to issue a copy of this order today.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
sl To
1. The Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600009.
2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai - 600007.
3. The Superintendent of Prison, Central prison, Puzhal, Chennai - 600066.
4. Inspector of police, V-4 Rajamangalam Police Station, Chennai - 600099.
5. The Public Prosecutor, High Court of Madras.
6. The Joint Secretary to Government, Public (Law and Order), Secretariat, Fort.St.George, Chennai -9.
11-03-2026